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Results: 1-10 of 562

10-year age difference presumptively insubstantial in ADEA lawsuits
  • Fenwick & West LLP
  • USA
  • August 25 2015

The Ninth Circuit Court of Appeals held in France v. Johnson that an average age difference of less than ten years between a plaintiff and


Employer cannot waive unconscionable portions of arbitration agreement
  • Fenwick & West LLP
  • USA
  • August 25 2015

Finding that an employment arbitration agreement was procedurally and substantively unconscionable, a U. S. District Court for the Northern District


Employee who threatened to kill supervisors not protected by disability discrimination law
  • Fenwick & West LLP
  • USA
  • August 25 2015

In Mayo v. PCC Structurals, Inc., the Ninth Circuit Court of Appeals confirmed that the ADA does not require that employers accommodate disabled


Truck drivers subject to significant control were employees, not contractors
  • Fenwick & West LLP
  • USA
  • August 25 2015

Finding that a cargo transportation employer had improperly classified its truck drivers as contractors rather than employees, a California court of


Unpaid interns subject to primary beneficiary test under federal law
  • Fenwick & West LLP
  • USA
  • July 27 2015

In Glatt v. Fox Searchlight Pictures, the Second Circuit Court of Appeals (New York, Connecticut, and Vermont) defined and clarified the test under


Joint employers potentially liable for involvement in co-joint employer’s worker misclassification, but no private right of action
  • Fenwick & West LLP
  • USA
  • June 22 2015

California employers may be responsible for their involvement in a co-joint employer's willful misclassification of employees, but the associated


Employee’s California wage and hour class action continues, Texas forum selection clause unenforceable for public policy reasons
  • Fenwick & West LLP
  • USA
  • June 22 2015

In Verdugo v. AlliantGroup, L.P., a California appeals court disregarded a forum selection clause requiring a California employee to pursue her wage


Employer’s motive, not confirmed knowledge of accommodation need, is basis of religious accommodation violation
  • Fenwick & West LLP
  • USA
  • June 22 2015

Federal anti-discrimination laws ("Title VII") prohibit an employer from refusing to hire a candidate to avoid accommodating a suspected, but


LinkedIn Reference Search not subject to Fair Credit Reporting Act
  • Fenwick & West LLP
  • USA
  • May 19 2015

Finding that LinkedIn's "Reference Search" function was not subject to the Fair Credit Reporting Act (FCRA), a Northern California federal district


Prevailing FEHA defendant not entitled to litigation costs unless Plaintiff’s lawsuit lacked objective basis
  • Fenwick & West LLP
  • USA
  • May 19 2015

The California Supreme Court in Williams v. Chino Valley Independent Fire District affirmed the asymmetrical nature of litigation costs awards in